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HomeMy WebLinkAbout1260 .r • t Lender's written agtrxment or applicabk law. Borrower shall pay the amount of all morlgage~iasuratrot premiums in the manner provided under paragraph 2 hhroof. Any amounts disbursed by Lender pursuant to this paragraph 7, with ioteresi .thereon. shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and !.ender agree to other terms of payment. such amounts shall he payable upon notice from i.ender to Borrower requesting payment thereof, and shall bear interest from the date of disbursement at the rate payable from time to time on outstanding principal under the Note unless pa}rnteat of interest at such rate would be contrary to applicable law, in which event such amounts shall .bear interest at the highest me permissibk under applicabk law. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder. 8. Itt~spectiow. i.ender may make or ca++se to be made reasonable entries upon and inspections of the Property. provided that lender shall give Borrower notice prior to any such inspection specifying rcasonabk cause therefor related to I.ardet'a interest in the Properly. 9. Coedemratiow. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are het~? assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums sectrrod by this Mortgage, with the excess, if any, paid to Borrower. In the event of a partial taking of the Property, unless Borrower and bender othersvix agree in writing. there shall be applied to the sumc.secttred by this Mortgage such proportion of the proceeds as is equal to that proportion which the amount of the sums secured by this Mortgage immediately prior to the date of taking bears to the fair market value of the Property immediately prior to the date of taking, with the balance of the proceeds paid to Borrower. If the Property is abandoned by Borrower, or if- after notice by lender to Borrower that the condemnor offers to make an award or xttle a claim for damages, Borrower fails to respond to lender within 30 days after the date such trotiot is mailed, Lender is authorized to collect and apply the proceeds. at Lender's option, either to restoration or repair of t6t3 Properly or to the sums secured by this Mortgage. Unless Lender and Borrower otherwise agree in svritinF, any such application of proceeds to principal shall not erctexrd or postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of - such installments. 10. Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by lender to any successor in interest of Borrower shall not operate to rckase, in any manner. , the liability of the original Borrower and Bc•rrower'c successors in interest. i_ender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums ' xcured by this Mortgage by reason of any demand made by the original Borrower and Borrower's wccessors in interest. 11, Forbearawce 6y Lender Not a Waiver. Any forhearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicabk law, shall not be a waiver of or preclude the exercise of any such right or remedy. The procurement of insurance or the payment of taxes or other liens or charges by Lender shah not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Mortgage. 12. Remedies Comobriirre. All remedies provided in this l?lorlgage are distinct and cumulative to any other right or remedy under this Mortgage or afforded by few or equity, and ma}• be exercised concurrently, independently or successively. ' 13. Successors and Assigns Borrnd: Joint gad Several i.iabr~ity; Captbws. The covenants and agreements herein contained shall bind, and the rights hereunder shall inttr~ to. the respective successors and assigns of Lender gad Borrower. subject to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shall be joir~ .and several. The captions' and headings of the paragraphs of this Mortgage are for convenience only and are not to Ik used to interpret or define the provisions hereof. 14. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Mortgage shall br given b}' mailing such notice by certified mail addressed to Borrower at the Properly Address or at such other address as Borrower may designate by notice to Tender as provided herein, and (b) any notice to Lender shall he given by certified mail. return receipt requested. to [.ender's address stated herein or to ~ such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. . 15. Uwitorm Mortgage; Governing Law: Severability. This form of mortgage combines uniform covenants for national use and non-uniform covenants with limited variations h}• jurisdiction to constitute a uniform security instrument covering real properly. This Mortgage shall be governed by the law of the' jurisdiction in which the Property is located. In the event that any provision or clause of this Morlgagc or the Note conflicts with applicabk law, such conflict shall not aBect other provisions of this Mortgage or the Notc which can be given eQect without the conflicting provision, and to this end the provisions of the Mortgage and the 'Mote are declared to he xverable. [ 16. Dotrower's Copy. Borrower shall be furnished a conformed cop}• of the Note and of this Mortgage at the tithe of execution or after recordation hereof. 17..Trasisfer of the Pr+nperty: Assumption. Tf all or any pan of the Property.or an interest therein is sold or transferred by Borrower without Lender's prior wrinrn consent. e.cluding (a} the creation of a lien or encumbrance subordinate to this Mortgage. (b) the creatton of a purchase money security mtercst for household appliances, (c) a transfer by devise. descent or by operation of law upon the death of a joint tenant or (d) the grant of any leasehold interest of three years or less not containing an option to purchase, Lender may. at Lender's option, declare all the sums secured by this Mortgage to be immediately due and payable. Lender shall have w•rived such option to accelerate if, prior to the sale or transfer. Lender and the person to whom the Property is a• be so1J or transferred reach agreement in writing that the credit of such person is satisfactory to Lender and that the interest payable on the sums secured by this Mortgage shall be at such rate as Lender shall request. if Lender has waived the option to accelerate provided in this paragraph 17, and if Borrowers successor in interest has executed a written assumption agreement accepted in writing by Lender, Lender shall release Borrower Pram all obligations under this Mortgage and the Note. If Lender exercises such option to accelerate. Lender shall mail Borrower notice of accekntion in accordance with paragraph 14 heroof. Such notice shall provide a period of not Tess than 30 days from the date the notice is mailed within which Borrower may pay the sums declared due.. If Borrower fails to pay such sums prior to the expiration of such period, • Lender may, without further notice or demand on Borrower. invoke any remedies permitted by paragraph IR hereof. Nox-UNIFOaM COVENANTS. Borrower and Lender further covenant and agree as follows: I8. Accderatlosg Reraedks. Except r provWed iw paragraph 17 hers~ot,.wpow lorrower's Meech of easy covrrra.t K agreement of )dorrower iw fhb Mortgage, iwcltrdiwg the eorrewaMs to Pay whe. doe sary sowra trt~wed b thus Mortgage. Leader prior to acceieratbw shsi maN wotlce to aorro.rer as provided Iw paragraph 14 hereof apecYylwg: (1) ~e hrewch; (2) the sallow regtsMed b e.re tench Meech; (3) w date, woe less thsut 30 days tram the date the notke b rnwYed to Borrower. by whkh stseh Mesch mtaR bK c.red; sasd (4) that faitore to core such breach ow or before the date sptcYed d the wotke may resrit b acceleration o[ the tray aectusd by thb Mortgage. torreebsore hY jodkW proceedMtg ssad ttn+k of the MPerty. The wsRiee sbaH farther iwtonw lorrower of the right to reiwstatt steer accckratiow surd the right to assert h the toreclottttn+e ~soceedlatg the groatrcblewce of a detaalt or nary other defense of Borrower to sxcekrsit{oa sod toreeloarrrt. N the Meech- b sat cnrttd a Or bltort the dote sPeclied bt the wotice. Lewder at I.ewder's optiow sawy dttcbtre a1 Ot the gene aectwed ~ This MOrigaRt 10 M bwwediately doe sari PaysMe without twrther demand and may toreelote this Mortgage ~ jodkW garesedlwR. Lender shah be endued to collect V s>.ch Proceeding all a:peares of toreclosore, Inclodiwg. bwt tsot Ibtltttd b. r+esrtonaMe atturaeYs fees. geed cost of ioeumeMary eHdewee, abstract sasd tick reports. 19. ldorrowa's Rlglrt to RehaNate. NotwithstandinE Lenders acceleration of the sums secured by then Mortgage, Borrower shall have. the right to have any proceedtngs begun by Lender to enforce this Mortgage discontinued at any time t< 6,1~K 320 ~~cf 125